New Perspectives in Policing

1 New Perspec tives in Policing J U N E 2 0 1 1 Police Discipline: A Case for Change Darrel W. Stephens Executive Session on Policing and Public Safety This is one in a series of papers that will be pub lished as a result of the Executive Session on Policing and Public Safety. Harvard s Executive Sessions are a convening of individuals of independent standing who take joint responsibility for rethinking and improving society s responses to an issue.

2 Members are selected based on their experiences, their repu tation for thoughtfulness and their potential for helping to disseminate the work of the Session. In the early 1980s, an Executive Session on Policing helped resolve many law enforcement issues of the day. It produced a number of papers and concepts that revolutionized Policing . Thirty years later, law enforcement has changed and NIJ and Harvard s Kennedy School of Government are again collaborating to help resolve law enforce ment issues of the day. Learn more about the Executive Session on Policing and Public Safety at: NIJ s website: enforcement/administration/executive-ses sions/ Harvard s website: criminaljustice/executive_ National Institute of Justice Introduction Police disciplinary procedures have long been a source of frustration for nearly everyone involved in the process and those interested in the out comes.

3 Police executives are commonly upset by the months and sometimes years it takes from an allegation of misconduct through the investigation and resolution. Their frustration is even greater with the frequency with which their decisions are reversed or modified by arbitrators, civil service boards and grievance panels. Police officers and their unions generally feel discipline is arbitrary and fails to meet the fundamental requirements of consistency and fairness. Unless it is a high-profile case or one is directly involved, few in the community are interested in the police disciplinary process. Those interested are mysti fied by both the time involved in dealing with complaints of misconduct and the various steps in a lengthy, confusing and overly legal process. The one area about the administration of police discipline where there is general agreement: it is a frustrating experience that leaves everyone with a sense that it has fallen well short of the primary purpose of holding officers accountable for their actions and encouraging behavior that falls 2 | N ew Per sp e c t i ve s in Po lic ing within departmental expectations and values.

4 News accounts reinforce the overall dissatisfac tion with police discipline: United Kingdom. Publishing the Review of Police Disciplinary Arrangements, Ms. Hazel Blears said: I am grateful to William Taylor for his thorough review. There is clear that police disciplinary arrangements need to move away from being lengthy, costly, heavily regulated and punitive (Taylor, 2005). Newark, The Newark City Council launched an investigation today into the police department s disciplinary procedure after African-American and Hispanic officers complained supervisors were disproportionally punishing them (Adarlo, 2009). San Francisco, Calif. Police Commission President John Keker says he hopes the uproar over the panel s vote not to fire Officer Marc Andaya will spur the city to revamp the broken police disciplinary system (Zamora, 1997).

5 Twelve years later: Almost six years after San Francisco voters gave civilians unparalleled power over police officers, the city s discipline system is beset by delays of months and sometimes years, officials in charge of it say (Cote, 2009). Cite this paper as: Stephens, Darrel W., Police Discipline: A Case for Change, Washington, : Department of Justice, National Institute of Justice, 2011. Madison, Wis. Two lawmakers are proposing a statewide solution to the problem of how to establish a system for disciplining and dismissing law enforcement officers and to end pay for those who are fired (Forster, 2007). Montgomery County, Md. In 2008, one out of nine officers found by the department to have committed a serious offense received the punishment originally recommended by Police Chief J. Thomas Manger, according to Assistant County Attorney Chris Hinrichs (Suderman, 2009).

6 C i n c i n n a t i , O h i o . T h e m o s t s e v e r e punishments for police misconduct in Cincinnati are the least likely to stick. Police officers disciplined for major violations from breaking policies to breaking laws get their penalties reduced nearly three times more often than officers accused of minor violations (Anglen and Horn, 2001). These news accounts, and others from the past few years, clearly ref lect w idespread concern with the processes used by police to discipline errant officers. The disciplinar y process is sup posed to help address police misconduct while supporting officers who have exercised their dis cretion appropriately and within the framework of law and policy. Unfortunately, the approaches police generally use fall well short of achieving their primary purpose and leave the department, employees and the community with concerns.

7 There is significant dissatisfaction with the dis cipline approach: it is predominately punishment oriented, it takes an excessive amount of time, Po lice D is c i p lin e: A C a s e f o r C hang e | 3 many decisions are overturned on appeal, and the entire process leaves one with a sense that there should be a better way to help officers stay within the boundaries of acceptable behavior and learn from the mistakes made in an increasingly difficult and challenging job.

8 This paper focuses on discipline process issues and purposes within the context of the organiza tional challenge of managing and modifying officer behaviors. It begins by discussing the task of creat ing an environment in which officers understand expectations and avoid the formal disciplinar y process altogether. It then describes the issues with traditional approaches to discipline and reviews different approaches that some police agencies are trying. These include the Charlotte-Mecklenburg Police Department s discipline philosophy, now used for almost 10 years, and the Education-Based Discipline approach recently implemented by the Los A ngeles Count y Sheriff s Depart ment and others. The paper will also offer a way forward for police to implement more effective approaches to discipline. Creating the Right Environment The best situation for a police department, its employ ees and the community is to create an environment in which the formal disciplinary process to deal with employee mistakes and misconduct is both the last option and the one least used.

9 Creating that envi ronment requires the department s leadership to pay close attention to several essential elements that play central roles in an effectively managed organization. These areas include: The Hiring Process. Finding and employing the right people is the foundation for creating an organization that effectively serves the community. Employment standards must be clear. For example: How is prior illegal or prescription drug abuse handled? What is the standard for driving and arrest records? What are the educational requirements? Do candidates have the right personality and character? With clear standards the selection process can identify and screen out candidates that may have difficulty maintaining the conduct and ethical behavior expected of a police officer. Training. Officers must have the skills and knowledge to effectively do their jobs.

10 High-quality, entry-level, field and in-service training programs are key to ensuring that officers not only understand the department s expectations but have the skill level to meet them. Police departments and their employees must commit to a regimen of lifelong learning. Clear Expectations. Training is an important aspect of ensuring that officers understand the department s expectations, but more is required. The department s mission, vision, values and ethical standards convey essential messages to employees, as do formalized departmental goals and objectives. The policies and procedures the department has developed to guide decisions provide a framework for acceptable performance. These must not only be written in clear, understandable language but must also be reinforced in daily operations.